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Home My WebLink AboutCCMinutes_2004_09_14 266 Brookings City Council Tuesday, September 14, 2004 The Brookings City Council held an action meeting on Tuesday, September 14, 2004 at 5:30 p.m., at City Hall with the following members present: Mayor Scott Munsterman, Council Members Tom Bezdichek, Tom Bozied, Tim Reed, Julie Whaley, Doris Roden, and Mike McClemans. City Manager Alan Lanning, City Attorney Steve Britzman, and City Clerk Shari Thornes were also present. Consent A�enda. The Brookings Historic Preservation Commission and Park and Recreation Board reports were rescheduled. Action on Resolution 57-04, Vacation of Easement on Lot 12, Block 3, Timberline Addition and an Executive Session for consulting with legal counsel were added to the agenda. Resolution 58-04 authorizing the Mayor to sign a State Water Plan Application and appointment of Jay Vanduch to the Board of Adjustment were added to the consent agenda. A motion was made by Roden, seconded by McClemans, to approve the consent agenda which included: A. Adoption of the agenda as amended; B. Approval of the August 24, 2004 Minutes; C. Approval to appoint Heidi Evers to the Mayor's Council on Community Wellness; D. Rescinding the bid for two surplus cars to Joe Sabinske awarded on July 13, 2004 due to a bidding irregularity; E. Approval on Resolution No. 54-04 authorizing payment of First District Association of Local Governments Dues for 2005; RESOLUTION NO.54-04 1ST DISTRICT ASSOCIATION DUES BE IT RESOLVED that the city of Brookings agrees to provide$5,093.55 of support to the First District Association of Local Governments for the 12 months from October 1,2004 to September 30,2005,payable in February 2005. F. Approval on Resolution No. 55-04 a final change order for 2003-02STA Western Ave. and 8th St. South Street Assessment Project with Bowes Construction; RESOLUTION NO.55-04 A RESOLUTION AUTHORIZING FINAL CHANGE ORDER(CCO#1 FINAL)FOR P3360(00)PCEMS H009,8�'STREET SOUTH ASPHALT SURFACING AND PAVEMENT MARKING PROJECT Bowes Construction,Inc. BE IT RESOLVED by the City Council that the following change order be allowed for P3360(00) PCEMS H009: 8`"Street South Asphalt Surfacing and Pavement Marking Project: Construction Change Order Number 1 Final Adjust estimated quantities as"as build"for a total decrease of$25,304.56. G. Approval on Resolution No. 56-04 a final change order for P3360(00) PCEMS H009 8th St. South asphalt surfacing and pavement marking project with Bowes Construction; and RESOLUTION NO.56-04 A RESOLUTION AUTHORIZING FINAL CHANGE ORDER(CCO#2 FINAL)FOR 2003- 02STA WESTERN AVENUE AND 8�STREET SOUTH STREET ASSESSMENT PROJECT Bowes Construction,Inc. BE IT RESOLVED by the City Council that the following change order be allowed for 2003- 02STA: Western Avenue and 8`}'Street South Street Assessment Project Construction Change Order Number 2 Fina]Adjust estimated quantities as"as build"for a total decrease of$20,592.12. H. Resolution 58-04 - State Water Plan Application; and RESOLUTION NO. 58-04 AUTHORIZATION FOR THE CITY MANAGER TO SIGN AN APPLICATION FOR THE STATE WATER PLAN Whereas,the City of Brookings Landfill has a need for constructing Trench 2 West and a storm water pond and 267 Whereas,the City of Brookings needs to have this project on the State Water Plan to be eligible to apply for funding from the State Revolving Loan and Whereas,the budget for 2005 indicates that this project is to be completed using a combination of Solid Waste Funds and a loan from the State Revolving Loan. Therefore,Let It Be It Resolved by the City of Brookings,South Dakota,that the City Manager be authorized to sign an application for placing the landfill project on the State Water Plan. I. Appointment of Jay Vanduch to the Board of Adjustment as an alternate. All present voted yes; motion approved. House Movin�. A public hearing was held for Tom Bartholow to move a single-family ranch style house from Cashway Redi-Built Homes in Watertown to Lot 15, Block 5, Esther Heights Addition, also known as 2212 Rhonda Road. All present were given an opportunity to be heard. A motion was made by Reed, seconded by Whaley, to approve. All present voted yes; motion carried. Ordinance No. 18-04—Rezonin _ A public hearing was held on Ordinance No. 18-04, a petition to rezone portions of land in the east one-half(E1/2) section of 2-T109N-RSOW from an Agricultural A District to a Business RB-4, B-2A, and B-2 District(20�' St. South and Main Ave. South; 32°d St. South and Main Ave. South; 20`h St. South and Medary Ave. South). All present were given an opportunity to be heard, A motion was made by Roden, seconded by Whaley,to approve Ordinance No. 18-04 with the recommendation as presented by the Planning Commission. All present voted yes, McClemans abstained, motion carried. Resolution 57-04—Vacation of Easement. A motion was made by Whaley, seconded by Reed, to approve Resolution 57-04. All present voted yes; motion carried. RESOLUTION NO.57-04 VACATION OF EASEMENT ON LOT 12,BLOCK 3, TIMBERLINE ADDITION BE IT RESOLVED BY THE CITY OF BROOKINGS,SOUTH DAKOTA WHEREAS,the City of Brookings has been granted a certain utility easement on Lot 12,Block 3, Timberline Addition by virtue of Final Plat(s)entitled Plat of Lot 5,Block 1,Lots 5,6;and 14, Block 2,and Lot 12,Block 3,Timberline Addition in Plat Book 23,Page 66;and WHEREAS the owners of the aforementioned real property have petitioned the City of Brookings to vacate a portion of a previously granted utility easement NOW,THEREFORE,BE IT RESOLVED by the governing body of the City of Brookings that the utility easement located on the north two feet(N2')of the south ten feet(S 10')of Lot 12, Block 3,Timberline Addition be vacated. FURTHERMORE,that a copy of this resolution be filed with the Brookings County Register of Deeds,and that said Register of Deeds be requested to mark upon the above referenced plat(s)in Book 23,Page 66,the vacating of said easement and note reference to the proper miscellaneous record. Ordinance No. 19-04—Rezonin A public hearing was held on Ordinance No. 19-04, a petition to rezone Outlots B and E in the SW '/4, SW '/4 of Section 20-T110N-R49W from an Agricultural A and Business B-3 District to a Business B-2 District (34t"Ave. and 6�' St.). A motion was made by Reed, seconded by McClemans, to approve Ordinance No, 19-04. All present voted yes, Munsterman abstained, motion carried. � Off-Sale Malt License—Wal-Mart Suuercenter A public hearing was held for an off-sale malt license for the Wal-Mart Supercenter#1538 at Replat Lot l, Tract A, Block 9, Telkamp Addition, also known as 2233 6t" St. A motion was made by Whaley, seconded by McClemans, to approve. All present voted yes; motion carried. Temporary Liquor operatin� agreement Discussion was held regarding issuance of an operating agreement on a temporary basis. The Mayor relayed a request from the Growth Partnership Committee that the city consider holding an operating agreement for the Research Park future development. � fi8 A motion was made by Reed, seconded by Roden, to grant Dakota Pub a temporary liquor operating agreement for the period of one year. This agreement terminates at that time and cannot be extended. A new operating agreement can be granted at that time to any qualified applicant. Dakota Pub's account with the Brookings Municipal Liquor Store must be current before the operating agreement can be granted. This operating agreement can be cancelled at any time if their account with BMLS become delinquent. Bezdichek, Roden, and Reed voted yes; Bozied, Whaley, McClemans and Munsterman voted no; motion failed. Temnorarv Liquor License—HvVee A public hearing was held for a temporary liquor license for HyVee at the American L�egion on October 8, 2004 and December 31, 2004. A motion was made by Whaley, seconded by Reed, to approve. All present voted yes; motion carried. Ordinance No. 20-04. An introduction and first reading was given on Ordinance No. 20-04, an ordinance appropriating monies to fund the necessary expenditures and liabilities of the City of Brookings for the 2005 Fiscal Year and providing for the annual tax levy and annual taac for all funds. A motion was made by Whaley, seconded by Reed, to approve. All present voted yes; motion carried. Second reading to be held on Sept. 28, 2004. Liquor License Reconsideration - Dakota Pub. A motion was made by McClemans, seconded by Reed, to reconsider the motion pertaining to Dakota Pub. Bezdichek, Reed, McClemans and Roden voted yes; Whaley, Munsterman and Bozied voted no; motion carried to reconsider. A motion was made by McClemans, seconded by Reed, to table. Bezdichek, Reed and McClemans voted yes; Bozied, Munsterman, Roden and Whaley voted no; motion failed. On the main motion under reconsideration: "To grant Dakota Pub a temporary liquor operating agreement for the period of one year. This agreement terminates at that time and cannot be extended. A new operating agreement can be granted at that time to any qualified applicant. Dakota Pub's account with the Brookings Municipal Liquor Store must be current before the operating agreement can be granted. This operating agreement can be cancelled at any time if their account with BMLS become delinquent." Bezdichek, Reed, McClemans, and Roden voted yes; Bozied, Munsterman and Whaley voted no; motion carried. Brookin�s Economic Develoament Cornoration Land A motion was made by Roden, seconded by Whaley, to approve conveyance of Lots 1, 2, 4 and 5 of Block 2, Telkamp Addition, in the City of Brookings, to the Brookings Economic Development Corporation for sale to Midwest Seed Services at a rate of$10,000 per acre for 8.75 acres. All present voted yes; motion carried. The Council discussed the current industrial land policy. The city currently doesn't have the first right of refusal if an industry purchases, develops, and sells industrial land. Dick Smith, BEDC Executive Director, noted comparison research done by John Gustafson in 2001. The BEDC Site Development Committee is exploring this issue and will bring forward a recommendation to the Council. A policy discussion will be held on November 2 planning session. Council members onen discussion CM Bozied requested the Council discuss additional policies related to liquor agreements, specifically transfers. CM Bozied requested the Council revisit the industrial land policy. CM Whaley noted that SDSU held a concert on SDSU property that violated the city's noise ordinance. Jurisdiction of the property would be under SDSU, not the Brooking Police Department. CM Reed noted that the budget memo reflects non-compliance of the financial stability ends policy. He requested the Council review, before next year's budget cycle, a detailed analysis of departmental service costs. CM McClemans requested review of the liquor store in the near future. 269 CM Roden noted there is a large facility in town that now houses a fraternity that is not properly designated and tl�e neighbors had no input. Executive Session. A motion was made by Reed, seconded by McClemans, to enter executive session at 7:15 p.m. for the purpose of consulting with legal counsel re contractual matters 1-25- 2(3) or discussing marketing or pricing strategies by a board(1-25-2(5) with the city council, city attorney, city manager, and city clerk present. All present voted yes; motion carried. A motion was made by McClemans, seconded by Reed, to leave executive session at 8:15 p.m. All present voted yes; motion carried. Adiourn. A motion was made by Roden, seconded by McClemans, to adjourn: All present voted yes; motion carried. Meeting adjourned at 8:15 p.m. CITY OF BROOKINGS . unsterman, Mayor ATTEST: ay�,,..".,,lti�s h! ti� Z�� Z N �//�� c:" ��/� d�•rb iy �yO�Ii�r� ornes, Bro ings City Clerk